tony_tulsa, Other/Just Looking in San Diego, CA

my HOA contract does not allow me to rent my house. I am wandering what legal actions I could face if I try to rent my house ,

Asked by tony_tulsa, San Diego, CA Sat Sep 22, 2012

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Jirius Isaac, Agent, Kenmore, WA
Sun Sep 23, 2012
For legal advice, always ask an attorney. You could try & work with the HOA to change the rules regarding rentals.
0 votes
Laura Birtar , Agent, Vancouver, WA
Sat Sep 22, 2012
I had a client who didn’t buy a unit in the neighborhood he wanted for the same reason. Not sure what could be the consequences; a real estate attorney can help. Good luck!
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Evie Hampton, Agent, Vancouver, WA
Sat Sep 22, 2012
Hi Tony!

I agree with the other brokers recommendation of getting a real estate attorney. I know that depending on what the HOA contracts are, you could get into serious trouble for renting if they don't allow renters. It also would cause your renters grief as they would have to find another rental. I wouldn't risk it without speaking to a real estate attorney. Many of the HOAs don't allow renters due to the fact that renters generally don't take care of the property in the way a home owner would take care of it. It is their way of trying to keep the area nice. If you need any other advice, please feel free to call me at 360-609-0086.

Good luck!
Evie Hampton - Re/Max equity group
0 votes
Kawain Payne, Agent, Seal Beach, CA
Sat Sep 22, 2012
Often times HOA will have to limit the number of units that can be rented in the development in order to maintain their FHA approval status. FHA requires a development to have at least 50% owner occupancy in order to keep their FHA approval status.

If the development looses it's FHA status, future buyer's wishing to use FHA financing will not be able to buy in the development.

As far as any leagl actions, that is a question you had better ask an attorney. You have a legal and binding contract with the HOA if you violate it you may need an attorney.

Best of luck to you!

Kawain Payne, Realtor
0 votes
Bardell Wagn…, , Vancouver, WA
Sat Sep 22, 2012
Get a copy of the by-laws, CCRs, etc. - see what they say. After that since you are asking a "legal" questions - the best thing to do is consult a real estate attorney- as Realtors we are quite limited on what we can say on legal issues. I have known folkes that have been fined - if not payed the HOA may be able to lien the property. If you need help locating an attorney that works with real estate I would be happy give you a few local names.

Best Regards

Bardell Wagner, Broker

Re/Max Equity Group
1301 SE Tech Center Dr. # 150
Vancouver WA 98683
Office 360-256-5733
Cell 360-606-4298
Fax 360-256-6554
0 votes
Gloria Matth…, Agent, Vancouver, WA
Sat Sep 22, 2012
that is a good question for a real estate attorney. There is a good chance that the reason behind this clause in your HOA has to do with the ability of future buyers obtaining financing. Many lenders require a high % of occupancy, in order to fund purchases.

nonetheless, you need to ask a real estate attorney to answer your question
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Craig Zappin, Agent, Huntington, WV
Sat Sep 22, 2012
You should consult with a real estate attorney in your state.
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